Disrespectful behaviour in court lands man in jail
KINGSTON, Jamaica — A man was remanded after incurring the ire of Senior Parish Judge at the Kingston and St Andrew Parish Court, Lori-Ann Cole-Montague, for disrespectful behaviour, on Tuesday, September 6.
The man, Dumel Phipps, is accused of physically assaulting his sister. As he stood in court he repeatedly interrupted the judge, and at one point even demanded that he be locked up in jail.
It was alleged that on August 5, the complainant was at the home the siblings share with their mother and step-father, working on her laptop. She alleged that she was on a call with a customer when an argument erupted between her brother and mother, which she described as disturbing. She supposedly went to speak with her mother about the noise when Phipps, who she said was now in the yard, started to insult her and warned her to keep her son “far from him.”
This is what, the woman said, sparked an argument between the two, and Phipps apparently started to throw stones at her, but they ricocheted off the grill, broke into pieces and hit her feet.
She noted that she then went back into her room to speak with the customer, who was on hold, and Phipps followed her and said, “gwaan falla mi up, a bet seh mi stab yuh up and Tranquillity affi come fi yuh body,” referring to the funeral home.
Attempting to close her room door, the woman said, Phipps approached her and stabbed her on her left hand. He was later arrested and charged for assault occasioning actual bodily harm and unlawful wounding.
It was also revealed in court that the man has another on-going case.
Turning to Phipps, Cole-Montague said, “Mr Phipps what offence did you come to the court for previously?”
When some time had passed without an answer, the judge repeated her question in a sterner manner.
‘Mi a try remember,” he began, then mumbled something.
“What?” the judge asked.
“Someone get stab in a mi house, Self-defence problem,” he finally answered.
“And what happened with that case?” Cole-Montague continued.
“It still going on this month,” Phipps said.
“What is the name of the offence for which you were charged for? You must know the name of the offence, you’re coming here for a little while,” the judge said.
Seemingly impatient, Phipps said, “I told you already, your Honour.”
To this, the judge said, “He’s working very hard to meet the acquaintances of the cell down stairs.”
Hearing this, Phipps responded, “I told you already, your Honour, mi did get charge for unlawful wounding or something like that,” he said.
“It’s the first you’re saying that,” Cole-Montague said.
Visibly uncomfortable, the man stated, “she [his sister] said she ago drop the case.”
“She can say whatever she wants to say. The decision to prosecute rests in the bosom of the clerk-of-courts and let me tell you something, she is competent and compellable. It means if she gives one statement and the prosecution say dem a push wid the matter she affi go,” the judge explained.
“You think I don’t know what happen very often? People try work out things before them come a court and no wonder because at the time when this offence was committed you were on bail for another one.”
“Your Honour,” Phipps tried to interrupt Cole-Montague.
But the judge remained steadfast, explaining that she could use the other case to ultimately revoke his bail. She went on to ask him about the number of matters he has pending, to which he answered, “two,” causing a number of court police to instruct him to answer with “your Honour,” but he ignored them.
“I try my best to be very patient, but I do not believe I should fight for respect in this court…” Cole-Montague began, but was once again interrupted by Phipps.
“Mek mi explain, your Honour,” Phipps said. “Dem tek weh mi passport from mi an’ mi cya get mi work overseas. Dem tek weh mi passport when mi get bail. Mi a tell you directly weh happen yuh see anytime certain things happen is like mi cya go further.”
Appearing to think before she responded, Cole-Montague said, “I need him to cool out a little bit.”
Turning to his sister, she advised her that the case will not be dropped.
“Let me reveal my mind. It concerns me that your brother is before the court for a wounding charge and there’s a threat to kill, which are serious offences, and while on bail for those offences,” the judge started once again but was interrupted by Phipps, who stated that it was in self-defence.
“You are in the habit of speaking when others speak,” Cole-Montague said.
“Because mi affi speak fi mi rights, your Honour,” he said. “How long unuh ago talk? Unuh just tek mi and carry mi go a jail. A wah happen to yuh,” an angry Phipps said.
“Bring him down stairs for me, please,” Cole-Montague said.
Hearing this he called for his sister to take his cellular phone, but the judge stopped her.
He was taken out of court arguing and demanding to know why he can’t give his phone to his sister, which was ignored by the judge.
Phipps is set to return to court on September 19.
Candice Haughton